Procedure before the Tribunal
The Plaintiff must file an Originating Application accompanied by the summons at the Office of the Court of Quebec (the greffe) in the judicial district where the Defendant lives or has his principal business establishment (section 114 of the Charter). The Originating Application and the summons shall contain the information specified in sections 17 and 18 of the Regulation of the Tribunal.
N.B. : As of September 1st, 2023, parties no longer have to file factums.
Within 45 days of service of the Originating Application, the defendant may file a Defence containing the elements set out in section 20 of the Regulation and must, where applicable, notify it to all the parties (section 115 of the Charter).
Within the same time limit, any other party may file Written Observations and must, where applicable, notify it to all the parties (section 115 of the Charter).
These procedures must be filed at the office of the Court of Québec in the district where the application is filed.
Pamphlet that explains the principal steps of a litigation before the Tribunal: The Human Rights Tribunal - How to assert your rights
N.B. : Please note that the pamphlet is not up to date and doesn't take into account the abolition of the parties' factums.
Forms and guides
Notice of Contact Information
All persons who have received notification of the Application to Institute Proceedings, as well as their lawyers, have the obligation to complete the contact information form and the notice of change of adress (section 19 of the Regulation) :
Forms
The Tribunal makes available procedural forms for parties who are not represented by a lawyer. These forms can be filled out directly on a computer. The principal forms are grouped according to whether you are acting as the plaintiff (the party who is suing) or the defendant (the party being sued).
Plaintiffs
Application to Institute Proceedings
Summons (accompanying the Originating Application)
Plaintiff’s Factum and list of exhibits (abolished as of September 1st, 2023)
Defendants
Defendant’s Factum and list of exhibits (abolished as of September 1st, 2023)
List of Exhibits filed by the Defendant
Other forms
Application for Referral to Another Judicial District
Application for Relief from the Default of Filing the Factum in the Time Limit Provided
Application for Postponement of a Hearing
Notice for Resumption of Proceedings
Settlement Conference (Mediation)
The Tribunal also offers the parties involved in a litigation the option of taking part in a settlement conference (mediation) to find a solution to their dispute. (See the section Settlement Conference).